TERMS

General Terms and Conditions of the lockenkopf GmbH

1. Scope

Diese allgemeinen Geschäftsbedingungen (AGB) gelten für alle Bestellungen, die in der Schweiz oder im Fürstentum Liechtenstein wohnhafte Kunden über den Online-Shop der lockenkopf GmbH, Grossacherstrasse 29, 8904 Aesch, [email protected] www.lockenkopf.ch (nachfolgend lockenkopf.ch genannt) abgeben. Lockenkopf.ch erbringt alle Dienstleistungen ausschliesslich auf der Basis dieser allgemeinen Geschäftsbedingungen. Durch die Auftragserteilung erklärt sich der Kunde ausdrücklich mit diesen AGB einverstanden. Diese bilden integrativen Bestandteil des Vertrages zwischen dem Kunden und lockenkopf.ch.

2. Information on the website/offer/prices

2.1 lockenkopf.ch endeavours to provide product information that is as complete and correct as possible (e.g. composition, weight, packaging illustration, product properties etc.) The information provided by www.lockenkopf.ch is partly obtained directly from the manufacturers and is compiled by lockenkopf.ch in a clear and customer-friendly manner for customers. However, customers are in any case advised to consult the specific information in the package insert or the product information on the product manufacturer's website. The latter take precedence over the information fromlockenkopf .

2.2 All information on www.lockenkopf.ch is without guarantee and any liability is rejected. Lockenkopf.ch excludes in particular, to the extent permitted by law, any guarantee and liability for the accuracy, completeness and timeliness of the information on the website.

2.3 We reserve the right to change prices and product range at any time. Pictures of all products and illustrations are not colour-binding and may differ from the original. Technical designations of the delivered products may differ from the manufacturer's designations or from those listed on the Internet.

2.4 The current prices are published on the Internet at www.lockenkopf.ch.

2.5 The prices are binding on both parties at the time of the order. However, in the event of errors or mistakes in the price quotation, lockenkopf.ch reserves the right to make subsequent price changes. In this case, the customer will be informed and is not obliged to accept the products affected by the price change.

2.6 All prices are in Swiss Francs (CHF) and include, unless otherwise stated, the statutory value added tax.

2.7 In addition to the indicated prices, shipping costs are charged according to the prices indicated on the "Shipping" site depending on the shipping method (A- or B-mail).

3. Order/delivery

3.1 An order becomes binding for the customer when, at the end of the ordering process, he confirms his order on the page on which the total overview of the order is displayed by clicking on the button 'Order subject to payment'.

3.2 The customer receives immediately after the order a corresponding confirmation of receipt e-mail to the e-mail address provided by the customer by lockenkopf.ch. Until an order acceptance is sent to the customer in a separate e-mail, lockenkopf.ch reserves the right to reject the order or reduce the order quantity, whereby no contract is concluded between the customer and lockenkopf.ch, or a contract for the reduced order quantity. Unless the customer informs lockenkopf.ch immediately that he has no interest in the reduced order quantity.

3.3 lockenkopf.ch particularly reserves the right to reject an order if there is a legal dispute with the customer, especially in connection with unpaid payments from orders already placed with lockenkopf.ch, or if invoices due for payment from the same person or a person living in the same household are still outstanding.

3.4 The complete and correct indication of the delivery address is the responsibility of the customer. If the customer provides incorrect delivery addresses, delivery may not be possible under certain circumstances, lockenkopf.ch may refrain from delivering the product altogether without any claims for compensation or damages.

3.5 Wenn ein Paket wegen einer unvollständigen oder falschen Lieferadresse, an lockenkopf retourniert wird, wird für das erneute versenden Porto in entsprechender höhe erhoben (siehe Shipping).

3.6 lockenkopf.ch liefert Waren und Gutscheine ausschliesslich in die Schweiz und den EU-Raum (Mehrkosten).

4. Delivery and delivery period

4.1 lockenkopf.ch has a stock of products. The shipping policy provides that lockenkopf.ch will ship the products on the day of the order. (Except for weekend orders, which are shipped the next working day)

4.2 For goods that cannot be delivered from stock, the time of delivery may be further delayed depending on the manufacturer.

4.3 lockenkopf.ch can only be held liable for delays in delivery and their consequences if these were caused by a grossly negligent or intentional breach of contract by lockenkopf.ch. For all other delays in delivery and their consequences, including delays caused by the post office, lockenkopf.ch suppliers or third parties, .ch accepts lockenkopfno liability.

4.4 lockenkopf.ch does not deliver to P.O. box addresses and does not deliver goods to minors or persons with assistants/guardians without the written consent of the legal representative.

4.5 lockenkopf ist nicht verantwortlich für den Briefkasten der EmpfängerInnen.

5. Products delivered by mistake

Items delivered by mistake or too many items must be returned immediately in the original packaging, at the latest within 7 days. All articles not returned within this period will be invoiced. The costs for the return of goods sent by mistake will be borne by lockenkopf.ch. The return costs are transferred to the customer in advance.

6. Vouchers

A maximum of one voucher (or discount code) can be redeemed per order. At the end of the ordering process, the voucher code is entered in the field provided. The corresponding amount will be deducted directly from the current order. Vouchers that exceed the order amount cannot be refunded.

7. Shipping

Der Kunde hat bei Bestellungsabschluss die Wahl zwischen Versand per A- oder B-Post. Die vom Kunden zu übernehmenden Versandkosten betragen pro Sendung inkl. Mehrwertsteuer CHF 7.00 für B-Post (PostPac Economy), und CHF 9.00 für A-Post (PostPac Priority). (Preise gemäss der Schweizer Post/weitere Tarife unter der Seite "versankosten")

8. Warranty and liability disclaimer

8.1 lockenkopf.ch guarantees that the products are undamaged at the time of shipment. Products that are damaged during shipping will be repaired or replaced at lockenkopf.ch's discretion, provided the customer notifies .ch of the defect by e-mail within 7 days of receipt of the goodslockenkopf. If lockenkopf.ch so wishes, the customer must also return the delivered products immediately to lockenkopf.ch in their original packaging, and .ch will pay lockenkopfthe shipping costs.

8.2 Furthermore, .ch is liable lockenkopfto the customer for damages, if and insofar as such liability on lockenkopfthe part of .ch is mandatory under the Product Liability Act.

8.3 Any further warranty for the delivered products and any liability for damage caused by these products is excluded, unless lockenkopf.ch has fraudulently concealed the relevant product defects. However, if lockenkopf.ch is able to assert further warranty claims against its suppliers for the product in question, .ch willlockenkopf

Assign claims, as far as possible, to the customer at his request. lockenkopf.ch does not, however, accept any responsibility for ensuring that these claims can be successfully enforced. The same applies to any claims that lockenkopf.ch may assert against the Post Office for damage that occurred during transport.

8.4 In particular, lockenkopf.ch provides no guarantee that the products are suitable for the use planned by the customer or that they will produce a specific result. Also excluded from the warranty are damages for which the buyer himself is responsible, e.g. as a result of improper use of the product, or damages due to external influences for which the seller is not responsible, such as damages that occurred during transport.

9. Right of withdrawal/right of return

9.1 Customers have the right to return the goods during 14 days after delivery of the goods. The right of return is exercised by returning the unopened goods, a justification is not required. The return shipment must be sent to:

lockenkopf GmbH
Returns
Aegeristrasse 116
6300 Train  

can be sent.

9.2 The exercise of the right of return leads to the conversion of the purchase contract into a reverse transaction relationship, according to which the services received within the scope of the purchase contract must be refunded. The customer bears the costs for the return shipment.

9.3 After receipt of the goods, any purchase price already paid will be refunded to the customer in the form of a credit note.

9.4 We reserve the right to deduct the purchase price to be refunded or to issue an invoice for possible damage or excessive wear and tear of the goods. No deduction shall be made if the loss in value is due to handling of the goods necessary to determine their nature, condition and functionality. lockenkopf.ch may refuse to refund until it has received the goods back or until the customer has provided proof that he has returned the goods, whichever is the earlier.

9.5 lockenkopf.ch guarantees that the products are undamaged at the time of shipment. Products that are damaged during shipping will be repaired or replaced at lockenkopf.ch's discretion, provided the customer notifies .ch of the defect by e-mail within 14 days of receipt of the goodslockenkopf. If lockenkopf.ch so wishes, the customer must also return the delivered products immediately to lockenkopf.ch in their original packaging, and .ch will pay lockenkopfthe shipping costs.

Any further guarantee for the delivered products and any liability for damage caused by these products is excluded, unless lockenkopf.ch has fraudulently concealed the product defects concerned. However, if lockenkopf.ch is able to assert further warranty claims against its suppliers for the product in question, .ch willlockenkopf, as far as possible, assign these claims to the customer at his request. lockenkopf.ch does not, however, accept any responsibility for ensuring that these claims can be successfully enforced. The same applies to any claims that lockenkopf.ch may assert against Swiss Post for damage that occurred during transport.

In particular, lockenkopf.ch does not guarantee that the products are suitable for the use planned by the customer or that they will produce a specific result.

9.6 Returned products or packages will only be accepted in proper condition, i.e. unused, unopened, undamaged and in their original packaging accepted.

10. Means of payment, invoicing & dunning

10.1 lockenkopf.ch accepts all major credit cards, PayPal and orders on account.

10.2 When ordering on account: You will receive the invoice free of charge by email. With purchase on account you accept the PowerPay terms and conditions provided you have a valid email address.

10.3 lockenkopf.ch works together with the MF Group/Powerpay for the "invoice option". This means that the lockenkopf GmbH assigns all claims to the MF Group.  

10.4 Purchase on account with installment facility (POWERPAY)

MF Group / POWERPAY offers the payment method "purchase on account" as an external payment service provider. With the single invoice you can easily pay your online purchase by invoice. If you choose not to pay within the specified time frame, you will receive a monthly invoice with an order overview in the following month.

Upon conclusion of the purchase contract, POWERPAY will take over the resulting invoice claim and handle the corresponding payment modalities. When purchasing on account, you accept in addition to our AGB, the TERMS from POWERPAY. [powerpay.ch/de/agb].

 11. data protection

11.1 lockenkopf.ch uses the data entrusted to it in respect of the customer (hereinafter referred to as the customer). Customer data is not sold, rented, loaned or passed on to outsiders.
11.2 Under "My Account", the customer has the possibility to change his personal data at any time.

Privacy policy

This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offer and the websites, functions and contents connected with it as well as external online presences, such as our Social Media Profile (hereinafter referred to collectively as "online offer"). With regard to the terms used, e.g. "processing" or "responsible person", we refer to the definitions in Art. 4 of the Basic Data Protection Regulation (DSGVO).

Responsible

Rosa Maria Gonzalez , lockenkopf GmbH
Aegeristrasse 116
6300 Zug Switzerland
E-Mailadresse: [email protected]
Managing director/ owner: Rosa Maria Gonzalez

types of data processed:

- inventory data (e.g., names, addresses).
- Contact details (e.g., e-mail, telephone numbers).
- Content data (e.g., text entries, photographs, videos).
- Usage data (e.g., websites visited, interest in content, access times).
- Meta/communication data (e.g., device information, IP addresses).

Categories of data subjects

Visitors and users of the online offer (in the following we will refer to the persons concerned collectively as "users").

Purpose of the processing

- Provision of the online offer, its functions and contents.
- Responding to contact requests and communication with users.
- Security measures.
- Reach Measurement/Marketing

Used terms

"Personal data" shall mean any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. a cookie) or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person

"processing" means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and covers virtually all data handling.

"pseudonymisation" means the processing of personal data in such a way that the personal data cannot be traced back to a specific data subject without the inclusion of additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data is not traced back to an identified or identifiable natural person

"profiling' means any automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular with a view to analysing or predicting aspects relating to the performance of work, the economic situation, health, personal preferences, interests, reliability, conduct, location or movement of that natural person

Controller' shall mean the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data

"processor" means any natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller

Relevant legal bases

In accordance with Art. 13 DSGVO, we inform you of the legal basis of our data processing. If the legal basis is not stated in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 Para. 1 lit. a and Art. 7 DSGVO, the legal basis for processing for the purpose of fulfilling our services and implementing contractual measures and answering enquiries is Art. 6 Para. 1 lit. b DSGVO, the legal basis for processing for the purpose of fulfilling our legal obligations is Art. 6 Para. 1 lit. c DSGVO, and the legal basis for processing for the purpose of safeguarding our legitimate interests is Art. 6 Para. 1 lit. f DSGVO. In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6 paragraph 1 letter d DSGVO serves as the legal basis.

Security measures

In accordance with Art. 32 DSGVO and taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the varying probability of occurrence and severity of the risk to the rights and freedoms of natural persons, we take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk.

These measures shall include in particular the safeguarding of the confidentiality, integrity and availability of data by controlling physical access to data, as well as access, input, disclosure, safeguarding of availability and segregation thereof. Furthermore, we have established procedures to ensure that data subjects' rights are exercised, data is deleted, and we respond to any threats to the data. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and processes, in accordance with the principle of data protection through technology design and through data protection-friendly presettings (Art. 25 DSGVO).

Cooperation with contract processors and third parties

If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transfer it to them or otherwise grant them access to the data, this is only done on the basis of a legal authorisation (e.g. if the data must be transferred to third parties, such as payment service providers, in accordance with Art. 6 Para. 1 letter b DSGVO for the fulfilment of the contract), if you have given your consent, if a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.). 

If we commission third parties to process data on the basis of a so-called "contract processing agreement", this is done on the basis of Art. 28 DSGVO.

Transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using the services of third parties or disclosure or transfer of data to third parties, this will only take place if it is done to fulfil our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we will only process or transfer the data in a third country if the special requirements of Art. 44 ff. DSGVO. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognised determination of a level of data protection corresponding to that of the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognised special contractual obligations (so-called "standard contractual clauses").

Rights of data subjects

You have the right to obtain confirmation as to whether or not data in question is being processed and to obtain information about this data and to receive further information and a copy of the data in accordance with Art. 15 DSGVO.

You have accordingly. Art. 16 DSGVO, you have the right to request the completion of data concerning you or the correction of incorrect data concerning you.

In accordance with Art. 17 DSGVO, you have the right to demand that the data in question be deleted immediately, or alternatively, in accordance with Art. 18 DSGVO, to demand that the processing of the data be restricted.

You have the right to request that the data concerning you which you have provided us with be made available to us in accordance with Art. 20 DSGVO and to demand that it be passed on to other persons responsible. 

Under Art. 77 DSGVO, they also have the right to lodge a complaint with the competent supervisory authority.

Right of withdrawal

You have the right to revoke consents granted in accordance with Art. 7 Para. 3 DSGVO with effect for the future

Right of objection

You can object to the future processing of data concerning you at any time in accordance with Art. 21 DSGVO. The objection may in particular be made against processing for the purposes of direct advertising.

Cookies and right of objection for direct advertising

Cookies" are small files that are stored on the user's computer. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his visit to an online offer. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie, for example, the contents of a shopping cart in an online shop or a login status can be stored. Cookies are described as "permanent" or "persistent" if they remain stored even after the browser is closed. For example, the login status can be saved if the user visits it after several days. Likewise, the interests of the users can be stored in such a cookie, which are used for range measurement or marketing purposes. Third-party cookies" are cookies that are offered by providers other than the person responsible for the online offer (otherwise, if it is only their cookies, it is called "first-party cookies").

We may use temporary and permanent cookies and provide information about this in our privacy policy.

If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.

A general objection to the use of cookies used for online marketing purposes can be raised for a large number of services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/or the EU side http://www.youronlinechoices.com/be explained. Furthermore, the storage of cookies can be achieved by deactivating them in the browser settings. Please note that in this case not all functions of this online offer can be used.

deletion of data

The data processed by us will be deleted or restricted in their processing in accordance with articles 17 and 18 DSGVO. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage obligations. If the data are not deleted because they are required for other and legally permissible purposes, their processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.

According to legal requirements in Germany, the storage is in particular for 10 years according to §§ 147 para. 1 AO, 257 para. 1 nos. 1 and 4, para. 4 HGB (books, records, management reports, accounting vouchers, trading books, documents relevant for taxation, etc.) and 6 years according to § 257 para. 1 nos. 2 and 3, para. 4 HGB (commercial letters). 

According to legal requirements in Austria, the storage is carried out in particular for 7 J in accordance with § 132 para. 1 BAO (accounting documents, vouchers / invoices, accounts, receipts, business documents, statement of income and expenditure, etc.), for 22 years in connection with real estate and for 10 years in the case of documents in connection with electronically provided services, telecommunications, radio and television services provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.

Order processing in the online shop and customer account

We process the data of our customers in the context of the order procedures in our online shop, in order to enable them to select and order the selected products and services, as well as their payment and delivery, or execution.

The processed data includes inventory data, communication data, contract data, payment data and the persons affected by the processing include our customers, interested parties and other business partners. The processing is carried out for the purpose of providing contractual services in the context of operating an online shop, billing, delivery and customer services. For this purpose, we use session cookies to store the contents of the shopping cart and permanent cookies to store the login status.

The processing is based on Art. 6 Para. 1 lit. b (execution of ordering processes) and c (legally required archiving) DSGVO. The information marked as required is required for the establishment and fulfilment of the contract. We disclose the data to third parties only within the scope of delivery, payment or within the scope of the legal permits and obligations to legal advisors and authorities. The data will only be processed in third countries if this is necessary for the fulfilment of the contract (e.g. on customer request for delivery or payment).

Users can optionally create a user account, in particular by viewing their orders. During the registration process, the required mandatory data will be provided to the users. The user accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their safekeeping is necessary for reasons of commercial or tax law in accordance with Art. 6 Para. 1 lit. c DSGVO. Data in the customer account will remain until its deletion with subsequent archiving in case of a legal obligation. It is the responsibility of the users to save their data in case of termination before the end of the contract.

Within the scope of registration and renewed logins and use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user's need for protection against misuse and other unauthorized use. As a matter of principle, this data is not passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c DSGVO.

Deletion takes place after the expiry of statutory warranty and comparable obligations, the necessity of data retention is reviewed every three years; in the case of statutory archiving obligations, deletion takes place after their expiry (end of commercial (6 years) and tax (10 years) retention obligation).

External payment service providers

We use external payment service providers through whose platforms the users and we can carry out payment transactions (e.g., in each case with a link to the data protection declaration, Paypal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full), Klarna (https://www.klarna.com/de/datenschutz/), Skrill (https://www.skrill.com/de/fusszeile/datenschutzrichtlinie/), Giropay (https://www.giropay.de/rechtliches/datenschutz-agb/), Visa (https://www.visa.de/datenschutz), Mastercard (https://www.mastercard.de/de-de/datenschutz.html), American Express (https://www.americanexpress.com/de/content/privacy-policy-statement.html)

In the context of the performance of contracts, we appoint payment service providers on the basis of Art. 6(1)(b). DSGVO. Otherwise, we use external payment service providers on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f. DSGVO in order to offer our users effective and secure payment options.

The data processed by the payment service providers include inventory data, such as name and address, bank data, such as account or credit card numbers, passwords, TANs and checksums, as well as contract, sum and recipient related data. These details are required to carry out the transactions. However, the data entered is only processed by the payment service providers and stored by them. This means that we do not receive any account or credit card-related information, but only information with confirmation or negative information about the payment. Under certain circumstances, the payment service providers may transfer the data to credit agencies. The purpose of this transmission is to check identity and creditworthiness. In this regard we refer to the general terms and conditions and data protection information of the payment service providers.

For the payment transactions, the terms and conditions and the data protection information of the respective payment service providers apply, which can be accessed within the respective websites or transaction applications. We also refer to these for further information and the assertion of rights of revocation, information and other rights of affected persons.

Administration, financial accounting, office organization, contact management

We process data within the framework of administrative tasks as well as the organisation of our operations, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process within the scope of providing our contractual services. The basis for processing is Art. 6 Par. 1 lit. c. DSGVO, Art. 6 para. 1 lit. f. DSGVO. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose of and our interest in the processing lies in the administration, financial accounting, office organisation, archiving of data, i.e. tasks that serve to maintain our business activities, perform our tasks and provide our services. The deletion of the data with regard to contractual services and contractual communication corresponds to the data mentioned in these processing activities.

In doing so, we disclose or transfer data to the tax authorities, consultants, such as tax advisors or auditors, as well as other fee earners and payment service providers.

Furthermore, we store information on suppliers, event organisers and other business partners on the basis of our business interests, e.g. for the purpose of contacting them at a later date. We store these mostly company-related data permanently.

Registration function

Users can create a user account. As part of the registration process, the required mandatory data is provided to the users and processed on the basis of Art. 6 para. 1 lit. b DSGVO for the purposes of providing the user account. The processed data includes in particular the login information (name, password and an e-mail address). The data entered during registration is used for the purposes of the use of the user account and its purpose. 

Users can be informed by e-mail about information relevant to their user account, such as technical changes. If users have cancelled their user account, their data with regard to the user account will be deleted, subject to a legal obligation to keep records. It is the responsibility of users to save their data before the end of the contract if they have terminated their user account. We are entitled to irretrievably delete all user data stored during the contract period.

In the context of the use of our registration and login functions as well as the use of the user account, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user's need for protection against misuse and other unauthorized use. As a matter of principle, this data is not passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c. DSGVO. The IP addresses are anonymised or deleted after 7 days at the latest.

Comments and contributions

If users leave comments or other contributions, their IP addresses may be changed on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO for 7 days. This is done for our security in case someone leaves illegal content in comments and contributions (insults, prohibited political propaganda, etc.). In this case we can be prosecuted ourselves for the comment or contribution and are therefore interested in the identity of the author.

Furthermore, we reserve the right, on the basis of our legitimate interests in accordance with Art. 6 para. 1 lit. f. DSGVO, to process the information provided by users for the purpose of spam detection.

On the same legal basis, in the case of surveys, we reserve the right to store the IP addresses of users for the duration of the survey and to use cookies to avoid multiple votes.

The data provided in the context of the comments and contributions will be permanently stored by us until the user objects.

Contact

When contacting us (e.g. via contact form, e-mail, telephone or via social media), the user's details will be used to process the contact request and its handling in accordance with Art. 6 Para. 1 lit. b. (within the framework of contractual/pre-contractual relations), Art. 6 para. 1 lit. f. (other inquiries) DSGVO are processed... User data may be stored in a customer relationship management system ("CRM system") or comparable enquiry organisation.

We will delete the requests if they are no longer necessary. We review the necessity every two years; furthermore, the statutory archiving obligations apply.

Newsletter

With the following notes we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedure and your rights of objection. By subscribing to our newsletter, you agree to receive it and to the described procedures.

Content of the newsletter: We send newsletters, e-mails and other electronic notifications containing advertising information (hereinafter referred to as "newsletters") only with the consent of the recipients or a legal permission. Insofar as the contents of the newsletter are specifically described in the context of a registration for the newsletter, they are decisive for the consent of the users. Furthermore, our newsletters contain information about our services and us.

Double-Opt-In and logging: The registration to our newsletter is done in a so-called Double-Opt-In procedure. This means that after registration you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that nobody can register with foreign e-mail addresses. The newsletter registrations are logged in order to be able to prove the registration process according to the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address. Changes to your data stored by the shipping service provider are also logged.

Registration data: To subscribe to the newsletter, you only need to enter your e-mail address. Optionally, we ask you to enter a name for personal contact in the newsletter.

The dispatch of the newsletter and the measurement of success associated with it are based on the consent of the recipients in accordance with Art. 6 Para. 1 lit. a, Art. 7 DSGVO in conjunction with § 7 Para. 2 No. 3 UWG or, if consent is not required, on our legitimate interests in direct marketing in accordance with Art. 6 Para. 1 lt. f. DSGVO in conjunction with § Art. 7 Para. 3 UWG. 

The registration procedure is recorded on the basis of our legitimate interests in accordance with Art. 6 para. 1 lit. f DSGVO. We are interested in the use of a user-friendly and secure newsletter system that serves our business interests as well as meeting the expectations of the users and also allows us to provide proof of consent.

Cancellation/revocation - You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. We may store the unsubscribed e-mail addresses for up to three years on the basis of our legitimate interests before we delete them in order to be able to prove a previously given consent. The processing of this data is limited to the purpose of a possible defence against claims. An individual request for deletion is possible at any time, provided that the former existence of a consent is confirmed at the same time.

Newsletter - Mailchimp

The newsletters are sent via the mailing service "MailChimp", a newsletter mailing platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. You can view the privacy policy of the mail service provider here: https://mailchimp.com/legal/privacy/. The Rocket Science Group LLC d/b/a MailChimp is certified under the Privacy-Shield Agreement and thus offers a guarantee to comply with the European level of data protection (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active). The shipping service provider will be informed on the basis of our legitimate interests in accordance with Art. 6 Para. 1 lit. f. DSGVO and an order processing contract pursuant to Art. 28 para. 3 sentence 1 DSGVO.

The dispatch service provider can use the data of the recipients in pseudonymous form, i.e. without allocation to a user, to optimise or improve its own services, e.g. for technical optimisation of the dispatch and presentation of the newsletter or for statistical purposes. However, the dispatch service provider does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.

Newsletter - Measuring success

The newsletters contain a so-called "web-beacon", i.e. a pixel-sized file which is retrieved from our server when the newsletter is opened, or from the server of a mailing service provider if we use one. Within the scope of this retrieval, technical information such as information on the browser and your system, as well as your IP address and time of retrieval are initially collected. 

This information is used for the technical improvement of the services based on the technical data or the target groups and their reading behaviour based on their access locations (which can be determined by means of the IP address) or the access times. Statistical surveys also include determining whether newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our intention nor, if used, that of the dispatch service provider to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.

A separate revocation of the performance measurement is unfortunately not possible, in this case the entire newsletter subscription must be cancelled. 

Google Analytics

On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) we use Google Analytics, a web analysis service of Google LLC ("Google"). Google uses cookies. The information generated by the cookie about the use of the website by the user is usually transferred to a Google server in the USA and stored there.

Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

Google will use this information on our behalf to evaluate the use of our website by users, to compile reports on the activities within this website and to provide us with further services associated with the use of this website and the Internet. In doing so, pseudonymous user profiles of the users can be created from the processed data.

We only use Google Analytics with activated IP anonymisation. This means that the IP address of users is shortened by Google within member states of the European Union or in other states that are party to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transferred to a Google server in the USA and shortened there.

The IP address transmitted by the user's browser is not combined with other data from Google. Users can prevent the storage of cookies by adjusting their browser software accordingly; users can also prevent the collection of data generated by the cookie and related to their use of the online offer to Google and the processing of this data by Google by downloading and installing the browser plugin available under the following link http://tools.google.com/dlpage/gaoptout?hl=de.

Further information on the use of data by Google, setting and objection possibilities, you will find in the privacy policy of Google (https://policies.google.com/technologies/ads) as well as in the settings for the display of advertising by Google (https://adssettings.google.com/authenticated).

The personal data of the users will be deleted or made anonymous after 14 months.

Google AdWords and conversion measurement

On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) the services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, ("Google").

Google is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

We use the Google "AdWords" online marketing process to place ads on the Google advertising network (e.g., in search results, in videos, on web pages, etc.) so that they are displayed to users who have a presumed interest in the ads. This allows us to better target ads for and within our online services in order to show users only ads that potentially match their interests. For example, if a user is shown ads for products that he or she has been interested in on other websites, this is called "remarketing". For these purposes, when you visit our website and other websites on which the Google advertising network is active, Google will execute code directly by Google and incorporate so-called (re)marketing tags (invisible graphics or code, also known as "web beacons") into the website. With their help, an individual cookie, i.e. a small file, is stored on the user's device (instead of cookies, comparable technologies can also be used). This file records which websites the user has visited, what content he is interested in and which offers the user has clicked on, as well as technical information on the browser and operating system, referring websites, visiting time and other information on the use of the online offer.

Furthermore we receive an individual "conversion cookie". The information obtained with the help of the cookie is used by Google to compile conversion statistics for us. However, we only learn the anonymous total number of users who clicked on our ad and were redirected to a page with a conversion tracking tag. We do not receive any information that personally identifies users.

User data is processed pseudonymously within the Google advertising network. This means that Google does not store and process e.g. the name or e-mail address of the user, but processes the relevant data cookie-related within pseudonymous user profiles. I.e. from Google's point of view, the ads are not managed and displayed for a specifically identified person, but for the cookie holder, regardless of who that cookie holder is. This does not apply if a user has expressly permitted Google to process the data without this pseudonymisation. The information collected about users is transmitted to Google and stored on Google's servers in the USA.

Further information on the use of data by Google, setting and objection possibilities, you will find in the privacy policy of Google (https://policies.google.com/technologies/ads) as well as in the settings for the display of advertising by Google (https://adssettings.google.com/authenticated).

Facebook Pixels, Custom Audiences and Facebook Conversion

Within our online offer, the so-called "Facebook pixel" of the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or if you are resident in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"), is used due to our legitimate interests in analysis, optimization and economic operation of our online offer and for these purposes.

Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

On the one hand, the Facebook pixel enables Facebook to determine the visitors of our online offer as a target group for the presentation of ads (so-called "Facebook ads"). Accordingly, we use the Facebook pixel to display the Facebook Ads placed by us only to those Facebook users who have also shown an interest in our online offering or who exhibit certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited) that we transmit to Facebook (so-called "custom audiences"). With the help of the Facebook pixel, we also want to ensure that our Facebook Ads correspond to the potential interest of users and do not appear to be annoying. With the help of the Facebook Pixel, we can also track the effectiveness of Facebook Ads for statistical and market research purposes by seeing whether users are redirected to our website after clicking on a Facebook Ad (so-called "conversion").

The processing of data by Facebook takes place within the framework of Facebook's data use policy. Accordingly, general information on the display of Facebook ads, in the Facebook Data Usage Policy: https://www.facebook.com/policy. Specific information and details about the Facebook pixel and how it works can be found in the Facebook help section: https://www.facebook.com/business/help/651294705016616.

You may object to the collection by the Facebook pixel and use of your information to display Facebook ads. To control what types of ads are displayed to you within Facebook, you can go to the page set up by Facebook and follow the instructions on usage-based advertising settings: https://www.facebook.com/settings?tab=ads. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.

You can also opt-out of the use of cookies for reach measurement and advertising purposes by visiting the Network Advertising Initiative opt-out page (http://optout.networkadvertising.org/) and additionally the US-American website (http://www.aboutads.info/choices) or the European website (http://www.youronlinechoices.com/uk/your-ad-choices/) contradict.

social media online presence

We maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services.

We point out that user data may be processed outside the European Union. This may result in risks for the users, because the enforcement of the users' rights could be made more difficult. With regard to US providers certified under the Privacy Shield, we would like to point out that they thereby undertake to comply with the data protection standards of the EU.

Furthermore, user data is generally processed for market research and advertising purposes. For example, user profiles can be created from the user behaviour and the resulting interests of the users. The user profiles can in turn be used, for example, to place advertisements within and outside the platforms that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the users' computers, in which the usage behaviour and interests of the users are stored. Furthermore, data may also be stored in the user profiles regardless of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).

The processing of users' personal data is based on our legitimate interest in effective information of users and communication with users in accordance with Art. 6, Paragraph 1, Letter f. DSGVO. If users are asked by the respective providers to give their consent to data processing (i.e. to give their consent e.g. by ticking a check box or confirming a button), the legal basis for processing is Art. 6 para. 1 lit. a., Art. 7 DSGVO.

For a detailed presentation of the respective processing and the possibilities of objection (opt-out), we refer to the following linked information of the providers.

Also in the case of requests for information and the assertion of user rights, we would like to point out that these can most effectively be asserted with the providers. Only the providers have access to the data of the users and can directly take appropriate measures and provide information. Should you nevertheless require assistance, you can contact us.

- Facebook (Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) - Privacy Policy: https://www.facebook.com/about/privacy/, Opt-Out: https://www.facebook.com/settings?tab=adsand http://www.youronlinechoices.comPrivacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active.

- Google/ YouTube (Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) - Privacy Policy:  https://policies.google.com/privacy, Opt-Out: https://adssettings.google.com/authenticatedPrivacy Shield: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.

- Instagram (Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA) - privacy policy/ opt-out: http://instagram.com/about/legal/privacy/.

- Twitter (Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA) - Privacy Policy: https://twitter.com/de/privacy, Opt-Out: https://twitter.com/personalizationPrivacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active.

- Pinterest (Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA) - privacy policy/ opt-out: https://about.pinterest.com/de/privacy-policy.

- LinkedIn (LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland) - Privacy Policy https://www.linkedin.com/legal/privacy-policy, Opt-Out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-outPrivacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active.

- Xing (XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany) - Privacy policy/ Opt-out: https://privacy.xing.com/de/datenschutzerklaerung.

- Wakalet (Wakelet Limited, 76 Quay Street, Manchester, M3 4PR, United Kingdom) - privacy policy/ opt-out: https://wakelet.com/privacy.html.

Typekit fonts from Adobe

On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) we use external "Typekit" fonts from the provider Adobe Systems Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Republic of Ireland. Adobe is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000TNo9AAG&status=Active).

12. Liability

12.1 Liability for product defects or damage caused by such defects shall be governed exclusively by Clause 8. Clause 4 shall apply exclusively to damage resulting from late delivery.

12.2 Furthermore, lockenkopf.ch excludes, to the extent permitted by law, any other liability to the customer in connection with the products, the use or the (non-)availability of the website www. lockenkopf.ch. Thus, for example, claims for damages from impossibility of performance, non-fulfilment and from tortious acts both against lockenkopf.ch and against its vicarious agents and assistants are excluded, insofar as no intentional or grossly negligent action is involved.

13. Partial invalidity/preserving validity reduction

If a provision of these General Terms and Conditions should be invalid in whole or in part, this shall not affect the validity of the remaining provisions and their purpose. Instead of the invalid provisions, the relevant statutory provisions shall apply.

14. Applicable law/court of jurisdiction

The contract is subject exclusively to Swiss law. The place of jurisdiction for all disputes with lockenkopf.ch is - subject to the reservation of deviating compulsory places of jurisdiction under federal law - Zurich Switzerland.

15. Changes to General Terms and Conditions

lockenkopf.ch expressly reserves the right to adapt these general terms and conditions of business to the circumstances at any time and to apply them immediately to any subsequent order.

Zurich, 27.09.2017